JARRINGTON v. SCHMITZ

No. 92CA0375.

850 P.2d 158 (1993)

In the Matter of the ESTATE OF J. Genevieve HARRINGTON, Deceased. Alvin A. SCHMITZ and Virginia Schmitz, Beneficiaries-Appellants, v. UNITED BANK OF GREELEY, N.A., Personal Representative-Appellee, and University of Northern Colorado Foundation, Inc., St. Mary's Catholic Church, Mary Bastion, Mullen Home for the Aged, Jo Ann Craven, Dick Craven, Jim Conlin, and Mary Ann Conlin, Beneficiaries-Appellees.

Colorado Court of Appeals, Div. C.

February 25, 1993.


Attorney(s) appearing for the Case

Rider & Woulf, P.C., Charles S. Unfug, Greeley, for beneficiaries-appellants.

William H. Southard, Greeley, for personal representative-appellee.

Karowsky, Witwer, Miller & Oldenburg, Marilyn J. David, Greeley, Colorado, for beneficiary-appellee University of Northern Colorado Foundation, Inc.

No appearance for the remaining beneficiaries-appellees.


Opinion by Judge DAVIDSON.

In this probate action, Alvin A. and Virginia Schmitz (beneficiaries) appeal from the trial court's order ruling that four handwritten lists found with the formally executed and attested will of J. Genevieve Harrington (decedent) did not constitute holographic codicils to the will. The trial court ruled instead that the handwritten lists were only memoranda for the disposition of tangible personal property pursuant to § 15-11-513, C...

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